This appeal is dismissed. The learned judge was correct in dismissing the appeal seeking to set aside an ex-parte insolvency notice. No interference is required.
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HVN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO. 99 OF 2008
IN
INSOLVENCY NOTICE OF MOTION NO. 136 OF 2007
IN
INSOLVENCY NOTICE NO. 191 OF 2007
Mukesh Dhirajlal Shah ... Appellant
Versus
Hitesh Umarchand Jain ... Respondent
Mr. Vilas Mali for the Appellant.
CORAM: S.B. MHASE &
PRASANNA B. VARALE,JJ.
DATED: JULY 21, 2008
P.C.
. Perused the impugned order. Heard the learned
counsel.
. The appeal is directed against the order dated
15.1.2008 passed in Notice of Motion No. 136 of
2007 in Notice No. N. 191 of 2007. The prayer is
made for setting aside the Insolvency Notice dated
19.10.2007. It was an exparte decree. It was
challenged vide Notice of Motion No 3229 of 2007
which has been dismissed. Therefore, the order
passed by the learned Judge is just and proper. No
interference is required. Hence, appeal dismissed.
(PRASANNA B. VARALE, J.)(S.B. MHASE,J.)
Mukesh Dhirajlal Shah
Hitesh Umarchand Jain
S.B. MHASE
PRASANNA B. VARALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court